Published tribunal order
Tenancy Tribunal case 4882600 — Rent arrears
Decided 18 Oct 2024 · Published 18 Oct 2024 · Application 4882600
- Rent arrears
- 14-day notice
- Exemplary damages
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the Tenant’s name and identifying details.
- [The tenant/s] owes Auckland Property Management Solutions Limited acting as agent for David Orion Borges $2,339.77 (“the debt”), payable immediately, as set out in the table below:
- The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to Auckland Property Management Solutions Limited acting as agent for David Orion Borges, at 2pm on Friday, 8 November 2024.
- The possession date set out in order 3 above has been ordered by consent on the following conditions: a. That the tenant continues to pay rent of $590.00 together with an additional sum of $50.00 (total $640.00) on or before the following dates: i. 22 October 2024; ii. 29 October 2024; and iii. 5 November 2024. b. Only the tenant and her two children are to reside at the tenancy address until the possession date.
- If the tenant fails to comply with the conditions set out in order 4 above the landlord will be entitled to immediate possession.
Reasons
- Both parties attended the hearing. The landlord was represented by Ms Young and Ms Smythe. The tenant attended with a support person from the Salvation Army.
- The tenancy began on 10 November 2023 and was for a fixed term of 12 months. Landlord’s claim
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The landlord says that: a. The rent is in arrears; b. The water rates are in arrears; c. The tenant has allowed additional tenants to reside at the property (when the tenancy agreement provides that only she and her two children are to live at the property); d. There has been unlawful activity at the tenancy as ammunition and utensils for methamphetamine use were found at the property (owned by one of the additional tenants who is now on remand awaiting trial); e. The tenant has an additional (immobile) vehicle at the tenancy in breach of the tenancy agreement; and f. The tenant has a dog at the tenancy in breach of the tenancy agreement.
- The landlord has served 14 day notices in respect of all of the above breaches. Tenant’s response
- The tenant accepted that the rent and water rates were in arrears. She explained that she had been in difficult circumstances but has been doing her best to clear the current arrears by paying an additional $50.00 every week.
- The tenant denied that there had been unlawful activity or a dog kept at the tenancy. She accepted that she had an immobile vehicle at the tenancy but said that this was the subject of an insurance claim. Discussion and agreement during hearing
- During the hearing today it became apparent that there have been serious communication difficulties during this tenancy, in part due to the fact that the tenant’s partner restricted access to her use of a mobile device so she could not easily communicate with the landlord.
- Both parties agreed at the hearing today that it would be best for the tenancy to end.
- The landlord is very concerned about the current rent and water arrears as the total amounts owing are close to the amount of bond held. The landlord, understandably, does not want to risk any additional rent arrears being incurred in the meantime.
- The tenant however has two small children and needs some time to find a new tenancy.
- After some discussion the parties agreed that the tenancy would be terminated today but that possession would be granted to the landlord at 2pm on 8 November 2024. This possession date is agreed on the basis that the tenant continues to pay rent as ordered and that the only people who will reside at the tenancy during these last three weeks are the tenant and her children.
- For completeness I record that rent is in fact payable every Saturday but the tenant’s benefit is paid on the Monday following and she has been paying rent on that day (rent showing in the landlord’s account the next day) and so for practical reasons rent I have ordered that rent be paid to the landlord on the following Tuesday.
- I have explained to the tenant today that if she breaches either of the conditions set out in order 4 above the landlord will be entitled to immediate possession.
- The tenant is aware that she is responsible for the actions of others who are at the property with her permission and, like all tenants, will need to be mindful of this during the remainder of this tenancy. Exemplary damages
- The landlord has sought exemplary damages for the following breaches: a. The number of people living at the premises exceeds the maximum number allowed in the tenancy agreement in breach of the tenancy agreement and section 40(3) Residential Tenancies Act 1986. Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,000.00. See section 40(3A)(e) and Schedule 1A Residential Tenancies Act 1986. b. People at the tenancy with tenant’s permissions have used the property for an unlawful purpose (methamphetamine) in breach of section 40(2)(b) Residential Tenancies Act 1986. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
- I do not consider that there is a basis to award exemplary damages. The tenant has attended at the hearing today and the parties have agreed that the tenancy is to end. I have not made any findings regarding the above alleged breaches. Filing fee and name suppression
- In my view Auckland Property Management Solutions Limited acting as agent for David Orion Borges is entitled to be reimbursed the filing fee for this application given the amount of rent arrears and water rates owing.
- The tenant has sought an order for name suppression. I have exercised my discretion to make an order for name suppression (see section 95A(4) RTA) in this case because the tenant has responsibly attended the hearing today with a support person and has agreed to an orderly end to the tenancy. I also have concerns that the issues that occurred during this tenancy were largely caused by the other people who were staying at the property but not named in the tenancy agreement. Amendments
- This decision was released on 15 October 2024 but was amended on 18 October 2024 as follows: a. To record that the debt owing by the tenant to the landlord is payable immediately and not on the possession date (order 2); b. To record the possession date as Friday 8 November 2024 (and not Friday 9 November 2024) (order 3); and c. To correct a typographical error in paragraph 15 where the word “tenant” should have been “landlord”.